Drew County Sheriff's deputies were dispatched to a disturbance call on January 1 at approximately 10: 15 pm at 119 North Cominto Road. Deputies spoke to Randy Whittemire, a resident of the address. Whittemire stated that he and a neighbor, Tony Simmons, had gotten into an argument. During the argument Simmons is alleged to have put a gun to Whittemire?s neck. Whittemire asked Simmons to let him go home. Simmons released Whittemire and then fired a shot into the air. Whittemire also states that Simmons later drove by his house and asked if he had called the law. Reportedly, Whittemire stated"yes" and again Simmons fired three shots into the air and then drove to Monticello. Deputies advised Monticello Police Department to be on the lookout for Simmons.

Moments later, Monticello Police Department had located Simmons and taken him into custody. A search of Simmons's home led to the recovery of a .380 handgun which later turned out to be stolen. Deputies also recovered a green leafy substance believed to be that of marijuana and a set of digital scales.

Simmons was placed in Drew County Detention Facility charged with aggravated assault, terroristic threatening-first degree, possession of a controlled substance with intent to deliver, simultaneous possession of drugs and firearms, possession of firearm by certain persons, theft by receiving, possession of drug paraphernalia, and endangering the welfare. District Judge Ken Harper set his bond at $10,000.